Informer in Assembly, Accused of Perjury, Apologizes

Former Assemblyman Nelson L. Castro, center, was formally charged with three counts of perjury in the first degree on Wednesday.

Hiroko Masuike / The New York Times

By WINNIE HU

April 10, 2013

Nelson L. Castro, a Democrat who resigned from the State Assembly to avoid prosecution on perjury charges, apologized on Wednesday for his misconduct, but insisted that throughout his time in office he had worked hard for his West Bronx district even as he also secretly cooperated with state and federal investigations of public corruption.

“First and foremost, I would like to apologize to my constituents who have put their faith and trust in me for the last four years,” Mr. Castro said, reading from a statement outside the Bronx County Hall of Justice in his first public appearance since announcing last Thursday that he would resign.

“During that time, I worked very hard for my people in the district and I accomplished great things,” he added. “I improved the lives of so many people in the district and I feel very proud of that, but nonetheless I’d like to make no excuses for my misconduct and the way I behaved before I became elected.”

Mr. Castro appeared somber during a brief arraignment before Acting Justice Steven Barrett of State Supreme Court in the Bronx. He was formally charged with three counts of perjury in the first degree, accused of lying while testifying under oath during an Aug. 7, 2008, hearing before the New York City Board of Elections in Supreme Court.

Mr. Castro, who pleaded not guilty, was released on his own recognizance. His hearing date was set for Sept. 18. If convicted of perjury, he would face a maximum sentence of up to 21/3 to 7 years in prison, according to the district attorney’s office.

But Mr. Castro’s lawyer, Michael C. Farkas, said afterward that the proceeding had been a formality because Mr. Castro has been cooperating with prosecutors. A federal prosecutor said last week that both his office and state prosecutors would dismiss the indictment of Mr. Castro after the cooperation was finished, pursuant to a nonprosecution agreement in which Mr. Castro pledged to assist the authorities in the investigation and resign after the case was made public.

Mr. Castro, 41, had led a double life for the past four years, since he was secretly indicted. He continued to serve in the Legislature — twice winning re-election — while employing audio and video recording devices to gather evidence about some of those he had dealings with. Federal prosecutors said his cooperation had helped them bring charges against five people, including Assemblyman Eric A. Stevenson, a Bronx Democrat whose district adjoins Mr. Castro’s. Mr. Stevenson is accused of accepting bribes in exchange for helping developers open adult day care centers in his district.

The 2009 indictment against Mr. Castro, which was unsealed on Wednesday, accused him of lying under oath in response to three separate questions during a civil proceeding concerning his eligibility for placement on the ballot in a primary election for the 86th Assembly District.

For two of those questions, Mr. Castro denied knowing two people who had assisted him in his campaign, and for a third question, he falsely claimed that he did not know that one of them had been a member of a county committee to fill vacancies, according to the indictment.

Mr. Farkas said that while people might not realize it now, Mr. Castro had performed a “great civic duty” by cooperating with prosecutors.

“He’s helping the government clean up the Legislature,” Mr. Farkas said, “and say what you will, maybe no one will believe this, he’s not just doing this out of self-preservation, he’s doing it at least for a very good reason because it’s the right thing to do.”